Ministry issues strong message on domestic violence and criminal code link

“Victims of abuse must know that when a criminal charge has been laid by the State, it cannot be withdrawn simply at his or her request and they should not attempt to obstruct the course of justice,” was the strong message from the Ministry of Social Development following disclosure that a victim of domestic violence has asked the police to drop the matter.

In a statement issued on Monday, the Ministry said that under the criminal law, it is not the responsibility of the victim to decide if she or he wants to place a charge.

“The criminal law has a responsibility to ensure the protection of the broader public. It is for this reason that criminal cases are cited as the ‘Commissioner of Police vs. the Defendant’, because the citation takes into consideration the broader public interest,” said the statement, which explained that it is important that victims be kept informed of the progress of cases and future court dates.

In the one-page statement, the Ministry strongly advised all persons that no form of domestic violence will be tolerated and they should not condone any act of domestic violence, particularly physical violence.

“Physical violence and attempts or threats of physical violence should not be considered as mere disputes. A dispute is a disagreement, quarrel or argument. Therefore, any form of physical violence committed against another human being is not a dispute; it is violence, and this violence should be not be condoned,” said the statement, which called on the public to treat all acts of domestic violence seriously and make reports to the relevant authorities.

The Ministry said that Grenada’s Domestic Violence Act 2010 was commissioned “to provide greater protection for victims of domestic violence and to make provision for the granting of protection orders and for matters incidental thereto and connected therewith”.

The Criminal Code, on the other hand, identifies actions deemed as criminal offences and clearly sets out the penalties associated with these offences. Both the Domestic Violence Act 2010 and the Criminal Code work hand in hand to ensure the protection and security of our people.

Subsection 24 of the Domestic Violence Act 2010 states anyone who commits a criminal offence during a “domestic dispute” or who violates a Protection Order can be arrested and “be charged in accordance with the relevant provisions of the criminal law”. (LS)